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This shows the principle to be wrong & if a wrong rule of damages is applied the verdict must be set aside.

3d. It is not denied that the horse was at sometime purchased of the Gov't: & was marked with Gov't: brand. If the horse was stolen by the Confederate soldiers it must have been captured from them by the Gov't: or if taken by the soldiers of the Gov't: it was property captured in an enemy's county and it would thereby become the property of the Gov't, and a title derived therefrom would be good.

For the said errors your petitioner prays a writ of Supersedeas to the judgment aforesaid.

R. B. Howison, deft.
W. Willoughby, Atty.-

I, W. Willoughby an Attorney practicing in the Circuit Court for the County of Alexandria, do certify that in my opinion there is sufficient matter for reversing the judgment complained of in the foregoing petition.

W. Willoughby. "

"Virginia
Pleas at the Courthouse in the County of Alexandria, before the County Court of said County on the 7th day of April, 1866.

Be it remembered, that heretofore, to wit: At